§244. Dividends received on certain preferred stock

(a) General rule

In the case of a corporation, there shall be allowed as a deduction an amount computed as follows:

(1) First determine the amount received as dividends on the preferred stock of a public utility which is subject to taxation under this chapter and with respect to which the deduction provided in section 247 for dividends paid is allowable.

(2) Then multiply the amount determined under paragraph (1) by the fraction-

(A) the numerator of which is 14 percent, and

(B) the denominator of which is that percentage which equals the highest rate of tax specified in section 11(b).

(3) Finally ascertain the amount which is 70 percent of the excess of-

(A) the amount determined under paragraph (1), over

(B) the amount determined under paragraph (2).

(b) Exception

If the dividends described in subsection (a)(1) are qualifying dividends (as defined in section 243(b)(1), but determined without regard to section 243(d)(4))-

(1) subsection (a) shall be applied separately to such qualifying dividends, and

(2) for purposes of subsection (a)(3), the percentage applicable to such qualifying dividends shall be 100 percent in lieu of 70 percent.

(Aug. 16, 1954, ch. 736, 68A Stat. 73 ; Feb. 26, 1964, Pub. L. 88–272, title II, §214(b)(1), 78 Stat. 55 ; Nov. 6, 1978, Pub. L. 95–600, title III, §301(b)(3), 92 Stat. 2820 ; Oct. 22, 1986, Pub. L. 99–514, title VI, §611(a)(2), 100 Stat. 2249 ; Dec. 22, 1987, Pub. L. 100–203, title X, §10221(a)(2), 101 Stat. 1330–408 ; Nov. 10, 1988, Pub. L. 100–647, title II, §2004(i)(2), 102 Stat. 3603 .)

Amendments

1988-Subsec. (b). Pub. L. 100–647 substituted "section 243(d)(4)" for "section 243(c)(4)".

1987-Subsecs. (a)(3), (b)(2). Pub. L. 100–203 substituted "70 percent" for "80 percent".

1986-Subsecs. (a)(3), (b)(2). Pub. L. 99–514 substituted "80 percent" for "85 percent".

1978-Subsec. (a)(2)(B). Pub. L. 95–600 substituted "the highest rate of tax specified in section 11(b)" for "the sum of the normal tax rate and the surtax rate for the taxable year prescribed by section 11".

1964-Pub. L. 88–272 designated existing provisions as subsec. (a) and added subsec. (b).

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provisions of the Revenue Act of 1987, Pub. L. 100–203, title X, to which such amendment relates, see section 2004(u) of Pub. L. 100–647, set out as a note under section 56 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 applicable to dividends received or accrued after Dec. 31, 1987, in taxable years ending after such date, see section 10221(e)(1) of Pub. L. 100–203, set out as a note under section 243 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–514 applicable to dividends received or accrued after Dec. 31, 1986, in taxable years ending after such date, see section 611(b) of Pub. L. 99–514, set out as a note under section 246 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–600 applicable to taxable years beginning after Dec. 31, 1978, see section 301(c) of Pub. L. 95–600, set out as a note under section 11 of this title.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–272 applicable to dividends received in taxable years ending after Dec. 31, 1963, see section 214(c) of Pub. L. 88–272, set out as a note under section 243 of this title.

Cross References

Definition of public utility, see section 247 of this title.

Section Referred to in Other Sections

This section is referred to in sections 172, 243, 246, 246A, 247, 263, 277, 301, 469, 512, 596, 805, 810, 812, 815, 832, 833, 1059, 1244 of this title.